THE SUPREME COURT.

New Zealand Herald, Volume LII, Issue 15833, 2 February 1915, Page 5

THE SUPREME COURT.

CRIMINAL SESSIONS OPEN.

ONE NO BILL" RETURNED

PICKPOCKET CONVICTED

The criminal sessions of the Auckland Supreme Court 'were opened yesterday by H;- 11..n0r Mr. Justice Cooper. The Hon. J. A. Tole. K.C., represented the Crown.

The Grand Jury empanelled was as follows :—Messrs. Charles L. Arnold, foreman, H. Allen, \Y. Andreae. L. Arnoldson, D. E. Clerk. W. Crawford, E. H. M. Davis, W. R. Ellingham, \V. B. Eyre, G. C. Garliek, A. J. Hunter, B. A. G. T. Xiccol, H. T. Oakden. W. Tavitt, and W. H. Wymaii.

The only "no bill" returned was in the rase of Henry Alfred Owens (Mr. Allan Moody), who was charged with wilful indecent exposure. Owens was thereupon discharged. Charges of pocket-picking and attempted pocket-picking were made against Walter Gray (Mr. J. R. Bundok. He was charged first with stealing from the person of Harold Pollard on March 28, 1914. a purse, a number of tram-car tickets, and 10s in money, while there was an alternative charge of receiving the stolen property, knowing it to have been stolen. The other charge was one if attempting to steal from the person of some unknown man.

On the application of Mr. Lundon the first two charges were dealt with apart from the third charge. The Crown Solicitor stated that on March 28, 1914, Pollard attended a cicket match between Australian and New Zealand teams at Eden Park. At the tea adjournment he went to a booth, and while there felt a tug at his coat. Owing to the pressure of the crowd he was unable to do anything at the moment, but as soon as possible he examined his hip pocket and found that a purse, containing 10s, and several tram tickets had gone. The matter was reported to Detective Hammond, who, a few minutes later, arrested the accused and took him to a grocer's shop near by. Detective Hammond then told the accused that he would have to search him, and on the accused refusing to allow this to bo done, a struggle took place. During the struggle the accused was seen to reach across the counter, apparently with the deliberate intention of getting rid of something. He was overpowered, handcuffed, and taken away, the purse and contents being found later behind the counter. The reason for tlie delay in bringing in the action, Mr. Tole said, was that Gray escaped to Australia while on bail.

Among the witnesses called for the prosecution was Detective Hammond, who stated that on the day in question he saw the accused and a male in front of one of the booths at Eden Park. The pair separated, and Gray went in amongst the crowd. The witness kept him in view, and, acting on what he saw, effected an arrest. The subsequent struggle in the grocer's shop took plac in almost darkness, owing to the blinds being down, and during the affair the accused managed to lean across the counter, behind which the purse was subsequently found. A sum of £127 was found in the possession of Gray, who stated at the time that he had only arrived from Palmerston North that morning. In a diary found upon the accused, the detective added, were written the dates of the various race meetings and agricultural shows to be held in the Dominion that summer.

Gray did not go into the witness-box, but made a statement from the dock. He stated that he picked up the purse and had intended to take it to a constable. The detective, however, had caught him and wanted to search him. As the detective was in plain clothes and he, the accused, did not know him, he had asked to be taken to the police station to be searched. In the circumstances—he had a large sum of money with him—it was natural that ie should struggle when a stranger attempted to search him. After a retirement of 15 minutes the jury brought in a verdict of guilty on. the first count. The third charge will be taken to-day.

RECEIVING STOLEN GOODS.

SIX MONTHS' IMPRISONMENT.

A charge of theft from a dwelling at YVnangaxei was made against George Kinniard, a man 31 years of age, the articles said to have been stolen being a bracelet, a bangle, and a ring. There was an alternative charge of receiving the bangle and the ring, knowing them to have been stolen.

The Hon. J. A. Tole, K.C., in outlining the case for the Crown, said that on December 19 a Mr. and Mrs. Hore were staying at a boardinghouso at '\Yhansarei. About 6.30 p.m. Mrs. Hore was disturbed in her bedroom by someone putting his head round the door. Having apologised, the intruder withdrew hurriedly. Later Mrs. Hore went out, and returning at 9.30 p.m. found the drawers of her dressing-table opened and the jewellery mentioned missing. The loss was immediately reported to the police, by whom the accused was interviewed. The latter objected to being searched, but the search being carried out the ring and bangle were found in his possession. Three witnesses called for the prosecution gave evidence as outlined by the Crown Prosecutor.

The accused, in a statement, denied stealing the jewellery, maintaining that he had bought the ring and bangle from a man in the street.

The jury, after a retirement of just under four hours, brought in a verdict of guilty on the charge of receiving the stolen goods. His Honor, in sentencing the accused, remarked that he could, if he thought fit, declare Kumiard to Im> a habitual criminal, but he would give him one more chance to reform. The accused would be sentenced to six months' imprisonment with hard labour, and would be ordered to be detained thereafter for reformative treatment for a period not exceeding 12 months.

The Court then adjourned until 10 am to-day.